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UPDATED: Court says count ballots

By Lombardo David
Wednesday, January 16, 2013

Counting of the final 99 ballots in the hotly contested 46th Senate District should begin soon.

The state Court of Appeals has denied appeal motions from former Assemblyman George Amedore, R-Rotterdam, and Democrat Cecilia Tkaczyk. The entire decision is available below.

Amedore currently leads Tkaczyk by 37 votes.

The decision from the Court of Appeals essentially means that the state Supreme Court Third Department's Appellate Division's ruling will stand. They ordered 99 challenged ballots to be counted.

Amedore's campaign wanted to appeal that decision on the basis that none of those challenged ballots should be counted and Tkaczky's campaign wanted to appeal on the basis that even more ballots should have been validated.

“We look forward to resolving the electoral process and counting the ballots ruled valid by the courts to ensure these New Yorkers have their voices heard," said the Tkaczyk campaign after the ruling was announced.

Amedore spokesman Kris Thompson said they accepted the court's decision.

"We anticipate the remaining 99 ballots will be counted by the end of this week. We look forward to the final counting and we remain confident," Thompson said in a statement. "It has been a lengthy process that should be concluded shortly."

UPDATED, 2:04 p.m.: Tkaczyk attorney Frank Hoare confirmed that one more ballot has popped up in Montgomery County. He said he received an email this morning alerting him to the appearance of this ballot.

All of Montgomery and Greene counties and parts of Schenectady, Albany and Ulster counties comprise the 46th District. Counting of the ballots from Ulster County, which is most of the remaining ballots, is tentatively scheduled for Friday morning.

Follow @poozer87 on Twitter.

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